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A BILL TO BE ENTITLED
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AN ACT
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relating to discovery requirements for pro se defendants in a |
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criminal case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 39.14(d), Code of Criminal Procedure, is |
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amended to read as follows: |
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(d) In the case of a pro se defendant, if the court orders |
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the state to produce and permit the inspection of a document, item, |
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or information under this subsection, the state shall [permit the |
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pro se defendant to inspect and review the document, item, or |
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information but is not required to] allow electronic duplication as |
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described by Subsection (a). The court order may require or |
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authorize the state to redact the same sensitive information that |
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is required to be redacted under Subsection (f) before the state |
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allows electronic duplication of the document, item, or information |
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containing the sensitive information. Before allowing electronic |
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duplication pursuant to a court order issued under this subsection, |
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the attorney representing the state shall require the pro se |
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defendant to sign an affidavit acknowledging the defendant's duty |
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under Subsection (e) to not disclose to a third party any documents, |
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evidence, materials, or witness statements received from the state |
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under this article unless the disclosure is specifically authorized |
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under that subsection or is for the purpose of obtaining legal |
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representation. An affidavit under this subsection, or written |
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information provided with the affidavit, must direct the pro se |
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defendant to the relevant laws regarding the preservation and |
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protection of evidence from unlawful disclosure. |
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SECTION 2. The change in law made by this Act applies only |
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to a criminal proceeding that commences on or after the effective |
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date of this Act. A criminal proceeding that commences before the |
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effective date of this Act is governed by the law in effect on the |
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date the proceeding commenced, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |